The Oriental Insurance Co. Ltd vs Smti Shila Bhadra And 3 Ors
2024 Latest Caselaw 9 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Smti Shila Bhadra And 3 Ors on 3 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                         Page No.# 1/3

GAHC010037632018




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case : I.A.(Civil)/2417/2023
                                   in
                          MAC App. No. 507/2018

         THE ORIENTAL INSURANCE CO. LTD
         A COMPANY REGISTERED UNDER THE COMPANIES ACT
         REPRESENTED BY ITS REGIONAL MANAGER
         ULUBARI
         GUWAHATI-7
         DIST- KAMRUP
         ASSAM


          VERSUS

         SMTI SHILA BHADRA AND 3 ORS.
         W/O LATE TUSHAR BHADRA
         R/O DUMUKHLA
         HOUSE NO. 89
         WARD NO. 6
         P.S- BOKAJAN
         PIN- 782441
         DIST- KARBI ANGLONG
         ASSAM

         2:MISS RIYA BHADRA
         D/O LATE TUSHAR BHADRA
          R/O DUMUKHLA
          HOUSE NO. 89
         WARD NO. 6
          P.S- BOKAJAN
          PIN- 782441
          DIST- KARBI ANGLONG
         ASSAM
          3:DEENANATH ROY
         S/O.JADUNANDAN ROY
                                                                       Page No.# 2/3

          R/O.KHATKHATI
          DIST.KARBI ANGLONG
          ASSAM.
          4:GANESH CH.RABHA
          S/O.LATE BHENURAM RABHA
          R/O.AMARAJAN GAON
          P.O. SARIHAJAN
          P.S- BOKAJAN
          DIST. KARBI ANGLONG
          ASSAM.
          ------------
          Advocate for : MR. S K GOSWAMI
          Advocate for : appearing for SMTI SHILA BHADRA AND 3 ORS.




                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 03.01. 2024 Heard Mr. S.K. Goswami, learned counsel for the applicant.

This interlocutory applicant under Section 41 Rule 5 of the Code of Civil Procedure, 1908 has been filed for stay of the impugned judgment and order dated 06.02.2015, passed by the learned Member, MACT No. 2, Kamrup (M), Guwahati in MACT Case No. 206/2012.

The learned counsel for the applicant has prayed for stay of the impugned judgment and order.

As the appeal is admitted, the prayer for stay is allowed.

It is directed that impugned judgment and order dated 06.02.2015, passed by the learned Member, MACT No. 2, Kamrup (M), Guwahati in MACT Case No. 206/2012 is stayed subject to payment of 50% of the awarded amount to be deposited by the applicant/ Insurance Company before the Registry of this Court.

Page No.# 3/3

The IA stands disposed of.

JUDGE

Comparing Assistant